• False allegation on forced abortion

Hello sir

I and my wife had mutually decided to abort a 8 week pregnancy. We both had signed consent papers. But now she is threatening me saying - it's forced abortion. What should I do ?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1. Well, such threats come only when the marriage is on the brink of breaking up.

2. So check whether she is trying to dissolve the marriage due to her unreasonable demand including demand for money.

3. In all these circumstances it is essential that you inform the local police about such false threats for extortion of money.

4. Once such threat is found to be genuine her allegations of forced abortion would also be considered as part f her false.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If she her self signed documents to abortion then you have strong ground to contest. please keep all your medical reports and put for evidence when needed.

For now try to console her and keep the atmosphere cool by not getting involved in any confrontation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Obtain copy of consent form signed by wife

In event wife files false complaint produce copy of consent form signed by you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hello sir , If she has signed the consent papers , then there is nothing that she can do...Is the abortion done or she has refused to do so after signing of consent form? Kindly elaborate

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

There can be two things first and more likely your wife is broke after abortion emotionally see needs counselling (abortions effect women mentally, physically and emotionally) or she want divorce.

So first take her for counselling.

if She threatens register a complaint with police and obtain the copy of consent form.

in case she files you have strong proof of her consent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi

If you want to take legal action against her then file a police complaint against her for threatening you.

Otherwise there is nothing against you. First of all she will not file the forced abortion complaint (she is just creating pressure over you) even if she files the complaint then also you need not to worry. Just be ready with the consent papers of divorce which contains the sign. From both of you

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You already have the consent paper jointly signed by both of you.

2 Medical termination of pregnancy in such advance stage is recorded to have been done on medical ground i.e. to save mother's life.

3. She might have given the threat due to her emotional distress.

4. You are expected to hold adequate evidence to prove her said allegation false, if leveled by her.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

No, it was not as she herself signed the document only after which doctor proceeded with the abortion.

And need not to worry as you are married to each other, and it happens that spouses go for abortion many a times initially in the marital life.

If she was forced then she should have raised her voice then itself as it is also the ultimate responsibility of the mother to safe the child even if she has to do from her husband also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If your wife is threatening to take legal action on this at this stage, you may not be worried because the mutual consent for abortion given in writing is available in the hospital records, which can prove that you are innocent.

Try to solve the issue amicably to the extent possible, if not then dont worry, you can challenge her allegations accordingly.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Now, whatever is to be done it to be done by her not by you. Wait and watch. She is merely threatening or take any legal recourse. However, you get a true copy of consent papers duly signed by you both. If she has consented for abort, how can she deny at this stage. In case she takes stand that the consent has been taken by force, she has to prove it. Being mother, it's humanity that she feels guilt. Try to give her extra care and extra dose of love at this time and convince her for better future. Fulfill her heart with love. Good Luck.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

At any time she blackmails you over this, record(video preferable) where she says that thought she gave her consent for abortion actually, but she will still implicate you in a false false.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

This is my following response to you:

1. Keep a copy of the consent papers. That is your strongest evidence;

2. The law is in your favour, because you done nothing illegal;

3. Is your wife staying away from you, write a personal letter to her and ask her about her concerns;

4. If she is living with you then, you should take her to a counsellor to help her assess the problem she is facing.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If she complains you can show the consent papers to Police or you can use the same to get Anticipatory bail if required.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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